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MERCHANTS BANK OF IND. v. 19 W 55 LLC

Index No. 850114/23, Appeal No. 2067, Case No. 2023-06116.

2024 NY Slip Op 02017

MERCHANTS BANK OF INDIANA, Plaintiff-Respondent, v. 19 W 55 LLC, ET AL., Defendants-Appellants, THE ALLURE GROUP, LLC, ET AL., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 16, 2024.

Attorney(s) appearing for the Case

Jacobs P.C., New York ( Lewis S. Fischbein , of counsel), for appellants.

Knuckles & Manfro LLP, Elmsford ( John E. Brigandi , of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered November 13, 2023, which denied defendants 19 W 55 LLC and Abraham Leifer's motion to dismiss the amended complaint pursuant to CPLR 3211(a)(7), unanimously affirmed, with costs.

RPAPL 1301(3) does not warrant dismissal of the complaint because plaintiff seeks to foreclose on the mortgage while also preserving its right to request a deficiency judgment (see Aurora Loan Servs., LLC v Lopa...

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